Staff Reporter :
The Appellate Division of the Supreme Court is scheduled to deliver its verdict today (Sunday) regarding the appeal challenging the High Court’s 2013 ruling that declared the registration of Bangladesh Jamaat-e-Islami illegal.
The case appears as item number one on Sunday’s cause list, under the bench led by Chief Justice Syed Refaat Ahmed, which includes four justices.
This follows the conclusion of the fourth and final day of hearings on May 14, during which senior lawyers Ehsan S. Siddique and Mohammad Shishir Monir argued on behalf of Jamaat, while lawyer Tawhidul Islam represented the Election Commission.
Several senior Jamaat leaders were present in the court during the hearings, including acting Secretary General Maulana ATM Masum, Assistant Secretary General Advocate Ehsanul Mahbub Zobayer, Advocate Moazzem Hossain Helal, Executive Council member Mobarak Hossain, and Dhaka city leaders Nurul Islam Bulbul and Selim Uddin.
Jamaat-e-Islami received temporary registration from the Election Commission on November 4, 2008.
However, in 2009, 25 individuals including then leaders of Bangladesh Tarikat Federation, Zaker Party, and Islami Oikya Jote filed a writ petition challenging the legitimacy of the registration.
The High Court bench of Justice ABM Khairul Haque and Justice Md. Abdul Hye issued a rule on January 27, 2009. In response, Jamaat amended its party charter several times and changed its name from “Jamaat-e-Islami, Bangladesh” to “Bangladesh Jamaat-e-Islami.”
On August 1, 2013, following a lengthy hearing, a larger bench of the High Court declared the party’s registration illegal by majority opinion. The bench comprised Justice M Moazzem Hossain, Justice M Enayetur Rahim, and Justice Kazi Reza-ul Hoque.
The court ruled that the party’s registration was beyond the legal jurisdiction of the Election Commission.
Jamaat was granted leave to appeal, but a stay petition filed with the Appellate Division was rejected on August 5, 2013, by Chamber Judge Justice AHM Shamsuddin Chowdhury. The full verdict was released on November 2, 2013, after which Jamaat formally filed an appeal.
On November 19, 2023, the Appellate Division dismissed Jamaat’s appeal due to the absence of senior lawyer AJ Mohammad Ali and advocate-on-record Zainul Abedin. The court rejected a plea for six weeks’ adjournment and dismissed the case for default, though left open the option to restore it.
In January 2024, after the re-election of the Awami League government, a mass student-led anti-quota movement began, escalating into calls for regime change.
On August 1, the government banned Jamaat and its affiliated organizations. However, after the fall of the government on August 5, the ban was lifted on August 28.
Jamaat then filed for restoration of its dismissed appeal. On October 22, the Supreme Court accepted the petition and restored the appeal. The hearing resumed on December 3 and concluded on May 14.
The upcoming verdict is expected to have significant implications for the political future of Jamaat-e-Islami in Bangladesh.
